Litigation Notes
Tag: implied terms
Showing 23 out of 23 results
No implied obligation of good faith in exercising contractual right of termination
The High Court has again considered the circumstances in which a duty of good faith will be implied into a contract, rejecting an argument that a party's …
How far can you act in your own self-interest? The role of good faith in commercial contracts
The traditional starting point in English contract law is that parties are free to do what they like so long as they do not breach the agreed terms. But …
Supreme Court clarifies test for implying terms into a contract
In a judgment handed down yesterday morning, the Supreme Court has clarified the law on when the court can imply a term that the parties have not …
High Court refuses to imply duty of good faith in relation to exercise of contractual right
In a decision earlier this year, the High Court refused to imply a duty of good faith in relation to a contractual right to amend a loan note instrument: …
No implied obligation on company's controller personally to ensure company's compliance with its contractual obligations
The Commercial Court has held that a shareholders' agreement did not contain an implied term which would have rendered the company's controller …
High Court implies duty of honesty and integrity into vehicle recovery contract
In a recent decision, the High Court has implied a duty of "honesty and integrity" into a vehicle recovery contract: D&G Cars Ltd v Essex Police …
High Court implies duty of good faith into "relational" contract
In a recent case, the High Court has implied a duty of good faith into a long-term agreement between two commercial parties: Bristol Groundschool Limited …
Commercial Court finds binding contract formed even though not all terms agreed
The Commercial Court recently decided that a contract was formed for the supply of crude oil blend even though some of the core terms were subject to …
Court of Appeal confirms implied fiduciary duty in joint venture arrangement
The Court of Appeal has recently upheld a first instance decision in which the court implied a fiduciary duty into a joint venture arrangement, including …
High Court finds no duty of good faith in exercising contractual right of termination
In a recent decision, the High Court held that a contractual right of termination did not have to be exercised in good faith. An express term of …
High Court implies duty of good faith into distributorship agreement
In a recent decision, the High Court has implied a duty of good faith into a Distribution Agreement: Yam Seng Pte Ltd v International Trade Corp Ltd …